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UNITED STATES v. DEATON

No. 14525.

207 F.2d 726 (1953)

UNITED STATES v. DEATON et al.

United States Court of Appeals Fifth Circuit.

November 4, 1953.

Attorney(s) appearing for the Case

William L. Hogue, Asst. U. S. Atty., Birmingham, Ala., Morton Hollander, Alan S. Rosenthal, Samuel D. Slade, Attys, Dept. of Justice, Washington, D. C., Warren E. Burger, Asst. Atty. Gen., John D. Hill, U. S. Atty., Birmingham, Ala., Frank M. Johnson, Jr., U. S. Atty., Jasper, Ala., for appellant.

D. H. Markstein, Jr., Maurice F. Bishop, Birmingham, Ala., for appellees.

Before HOLMES and RIVES, Circuit Judges, and KENNAMER, District Judge.

HOLMES, Circuit Judge.

The question here is not whether the plaintiff-appellant was so negligent in the prosecution of this action as to warrant its dismissal by the district court with prejudice, but whether having dismissed it without prejudice, with the conditional right to reinstate the same within 60 days, the court exceeded its power or abused its discretion in changing the order of dismissal from without prejudice...

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